Compilation of the Social Security Laws

DEMONSTRATION PROJECTS

(1) In general.—The Secretary may authorize States to conduct demonstration
projects pursuant to this section which the Secretary finds are likely
to promote the objectives of part B or E of title IV.

(2)[69] Limitation.—During fiscal years 2012 through 2014, the Secretary may authorize
demonstration projects described in paragraph (1), with not more than
10 demonstration projects to be authorized in each fiscal year.

(3)[70] Conditions for state eligibility.—For purposes of a new demonstration project under this section
that is initially approved in any of fiscal years 2012 through 2014,
a State shall be authorized to conduct such demonstration project
only if the State satisfies the following conditions:

(i) In
general.—The State shall demonstrate
that the demonstration project is designed to accomplish 1 or more
of the following goals:

(I) Increase
permanency for all infants, children, and youth by reducing the time
in foster placements when possible and promoting a successful transition
to adulthood for older youth.

(II) Increase
positive outcomes for infants, children, youth, and families in their
homes and communities, including tribal communities, and improve the
safety and well-being of infants, children, and youth.

(III) Prevent
child abuse and neglect and the re-entry of infants, children, and
youth into foster care.

(ii) Long-term
therapeutic family treatment enters; addressing domestic violence.—With respect to a demonstration project that is designed to
accomplish 1 or more of the goals described in clause (i), the State
may elect to establish a program—

(I) to permit
foster care maintenance payments to be made under part E of title
IV to a long-term therapeutic family treatment center (as described
in paragraph (8)(B)) on behalf of a child residing in the center;
or

(II) to identify
and address domestic violence that endangers children and results
in the placement of children in foster care.

(B) Demonstrate readiness.—The State shall
demonstrate through a narrative description the State’s capacity
to effectively use the authority to conduct a demonstration project
under this section by identifying changes the State has made or plans
to make in policies, procedures, or other elements of the State’s
child welfare program that will enable the State to successfully achieve
the goal or goals of the project.

(i) In
general.—The State shall demonstrate
that the State has implemented, or plans to implement within 3 years
of the date on which the State submits its application to conduct
the demonstration project or 2 years after the date on which the Secretary
approves such demonstration project (whichever is later), at least
2 of the child welfare program improvement policies described in paragraph
(7).

(ii) Previous
implementation.—For purposes of the requirement
described in clause (i), at least 1 of the child welfare program improvement
policies to be implemented by the State shall be a policy that the
State has not previously implemented as of the date on which the State
submits an application to conduct the demonstration project.

(iii) Implementation review.—The Secretary
may terminate the authority of a State to conduct a demonstration
project under this section if, after the 3-year period following approval
of the demonstration project, the State has not made significant progress
in implementing the child welfare program improvement policies proposed
by the State under clause (i).

(4) Limitation
on eligibility.—The Secretary may not
authorize a State to conduct a demonstration project under this section
if the State fails to provide health insurance coverage to any child
with special needs (as determined under section 473(c)) for whom there is in effect an
adoption assistance agreement between a State and an adoptive parent
or parents.

(5) Requirement
to consider effect of project on terms and conditions of certain court
orders.—In considering an application
to conduct a demonstration project under this section that has been
submitted by a State in which there is in effect a court order determining
that the State’s child welfare program has failed to comply
with the provisions of part B or E of title IV, or with the Constitution
of the United States, the Secretary shall take into consideration
the effect of approving the proposed project on the terms and conditions
of the court order related to the failure to comply and the ability
of the State to implement a corrective action plan approved under
section 1123A[71].

(6)[72] Inapplicability
of random assignment for control groups as a factor for approval of
demonstration projects.—For purposes
of evaluating an application to conduct a demonstration project under
this section, the Secretary shall not take into consideration whether
such project requires random assignment of children and families to
groups served under the project and to control groups.

(7)[73] Child welfare
program improvement policies.—For purposes
of paragraph (3)(C), the child welfare program improvement policies
described in this paragraph are the following:

(A) The establishment
of a bill of rights for infants, children, and youth in foster care
that is widely shared and clearly outlines protections for infants,
children, and youth, such as assuring frequent visits with parents,
siblings, and caseworkers, access to attorneys, and participation
in age-appropriate extracurricular activities, and procedures for
ensuring the protections are provided.

(B) The development
and implementation of a plan for meeting the health and mental health
needs of infants, children, and youth in foster care that includes
ensuring that the provision of health and mental health care is child-specific,
comprehensive, appropriate, and consistent (through means such as
ensuring the infant, child, or youth has a medical home, regular wellness
medical visits, and addressing the issue of trauma, when appropriate).

(C) The inclusion
in the State plan under section 471 of an amendment implementing the option
under subsection (a)(28) of that section to enter into kinship guardianship
assistance agreements.

(D) The election
under the State plan under section 471 to define a “child” for
purposes of the provision of foster care maintenance payments, adoption
assistance payments, and kinship guardianship assistance payments,
so as to include individuals described in each of subclauses (I),
(II), and (III) of section 475(8)(B)(i) who have not attained
age 21.

(E) The development
and implementation of a plan that ensures congregate care is used
appropriately and reduces the placement of children and youth in such
care.

(F) Of those
infants, children, and youth in out-of-home placements, substantially
increasing the number of cases of siblings who are in the same foster
care, kinship guardianship, or adoptive placement, above the number
of such cases in fiscal year 2008.

(G) The development
and implementation of a plan to improve the recruitment and retention
of high quality foster family homes trained to help assist infants,
children, and youth swiftly secure permanent families. Supports for
foster families under such a plan may include increasing maintenance
payments to more adequately meet the needs of infants, children, and
youth in foster care and expanding training, respite care, and other
support services for foster parents.

(H) The establishment
of procedures designed to assist youth as they prepare for their transition
out of foster care, such as arranging for participation in age-appropriate
extra-curricular activities, providing appropriate access to cell
phones, computers, and opportunities to obtain a driver’s license,
providing notification of all sibling placements if siblings are in
care and sibling location if siblings are out of care, and providing
counseling and financial support for post-secondary education.

(I) The inclusion
in the State plan under section 471 of a description of State procedures
for—

(i) ensuring that
youth in foster care who have attained age 16 are engaged in discussions,
including during the development of the transition plans required
under paragraphs (1)(D) and (5)(H) of section 475, that explore whether the youth wishes
to reconnect with the youth’s biological family, including parents,
grandparents, and siblings, and, if so, what skills and strategies
the youth will need to successfully and safely reconnect with those
family members;

(ii) providing appropriate
guidance and services to youth whom affirm an intent to reconnect
with biological family members on how to successfully and safely manage
such reconnections; and

(iii) making, when
appropriate, efforts to include biological family members in such
reconnection efforts.

(J) The establishment
of one or more of the following programs designed to prevent infants,
children, and youth from entering foster care or to provide permanency
for infants, children, and youth in foster care:

(A) the term “youth” means, with respect to a State, an individual who has
attained age 12 but has not attained the age at which an individual
is no longer considered to be a child under the State plans under
parts B and E of title IV, and

(B) the term “long-term therapeutic family treatment center” means a State
licensed or certified program that enables parents and their children
to live together in a safe environment for a period of not less than
6 months and provides, on-site or by referral, substance abuse treatment
services, children’s early intervention services, family counseling,
legal services, medical care, mental health services, nursery and
preschool, parenting skills training, pediatric care, prenatal care,
sexual abuse therapy, relapse prevention, transportation, and job
or vocational training or classes leading to a secondary school diploma
or a certificate of general equivalence.

(b) Waiver
Authority.—The Secretary may waive compliance
with any requirement of part B or E of title IV which (if applied)
would prevent a State from carrying out a demonstration project under
this section or prevent the State from effectively achieving the purpose
of such a project, except that the Secretary may not waive—

(2) any provision of
such part E, to the extent that the waiver would impair the entitlement
of any qualified child or family to benefits under a State plan approved
under such part E.

(c) Treatment
as Program Expenditures.—For purposes
of parts B and E of title IV, the Secretary shall consider the expenditures
of any State to conduct a demonstration project under this section
to be expenditures under subpart 1 or 2 of such part B, or under such
part E, as the State may elect.

(1) In general.—Subject to paragraph (2), a demonstration project under this
section may be conducted for not more than 5 years, unless in the
judgment of the Secretary, the demonstration project should be allowed
to continue.

(2) Termination
of authority.—In no event shall a demonstration
project under this section be conducted after September 30, 2019.

(e) Application.—Any State seeking to conduct a demonstration project
under this section shall submit to the Secretary an application, in
such form as the Secretary may require, which includes—

(1) a description
of the proposed project, the geographic area in which the proposed
project would be conducted, the children or families who would be
served by the proposed project, and the services which would be provided
by the proposed project[76];

(2) a statement of
the period during which the proposed project would be conducted;

(3) a discussion of
the benefits that are expected from the proposed project (compared
to a continuation of activities under the approved plan or plans of
the State);

(7)[78] an accounting of any
additional Federal, State, and local investments made, as well as
any private investments made in coordination with the State, during
the 2 fiscal years preceding the application to provide the services
described in paragraph (1), and an assurance that the State will provide
an accounting of that same spending for each year of an approved demonstration
project; and

(f)[80] Evaluations.—Each State
authorized to conduct a demonstration project under this section shall
obtain an evaluation by an independent contractor of the effectiveness
of the project, using an evaluation design approved by the Secretary
which provides for—

(1) comparison of
methods of service delivery under the project, and such methods under
a State plan or plans, with respect to efficiency, economy, and any
other appropriate measures of program management;

(2) comparison of
outcomes for children and families (and groups of children and families)
under the project, and such outcomes under a State plan or plans,
for purposes of assessing the effectiveness of the project in achieving
program goals; and

(A) submit periodic
reports to the Secretary on the specific programs, activities, and
strategies used to improve outcomes for infants, children, youth,
and families and the results achieved for infants, children, and youth
during the conduct of the demonstration project, including with respect
to those infants, children, and youth who are prevented from entering
foster care, infants, children, and youth in foster care, and infants,
children, and youth who move from foster care to permanent families;
and

(B) post a copy
of each such report on the website for the State child welfare program
concurrent with the submission of the report to the Secretary.

(2) Reports
to congress.—The Secretary shall submit
to the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate—

(A) periodic
reports based on the State reports submitted under paragraph (1);
and

(B) a report
based on the results of the State evaluations required under subsection
(f) that includes an analysis of the results of such evaluations and
such recommendations for administrative or legislative changes as
the Secretary determines appropriate.

(h)[82] Cost Neutrality.—The Secretary may not authorize a State to conduct a demonstration
project under this section unless the Secretary determines that the
total amount of Federal funds that will be expended under (or by reason
of) the project over its approved term (or such portion thereof or
other period as the Secretary may find appropriate) will not exceed
the amount of such funds that would be expended by the State under
the State plans approved under parts B and E of title IV if the project
were not conducted.

(i)[83] Indian Tribes Operating IV-E Programs
Considered States.—An Indian tribe, tribal
organization, or tribal consortium that has elected to operate a program
under part E of title IV in accordance with section 479B shall be considered
a State for purposes of this section.

[76]
P.L. 112-34, §201(3)(A),
struck out “(which shall provide, where appropriate, for random
assignment of children and families to groups served under the project
and to control groups)”, effective September 30, 2011.

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